27-Amend Article V Chapter 21-Noise OrdinanceItem No. 27
memorandum
TO: Mayor & Council
John Godwin, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Amending Article V to Chapter 21 of the code of Ordinances of the City of Paris,
Texas; Providing for Prohibiting Loud and Raucous Noises which are Deemed
Offensive to Persons of Ordinary Sensibilities; providing for a penalty not to
exceed $500.00; repealing all Ordinances or parts of Ordinances in conflict
herewith; providing a severability clause; and providing for an effective date.
DATE: December 5, 2016
BACKGROUND: The City's noise ordinance, which is contained in Article V to Chapter 21 of
the Code of Ordinances, was adopted in 1970 and has not been amended or updated since that
time. It is somewhat vague, and because of that, in my tenure in the City Attorney's office, both
in the early 2000s and since 2013, I have always prosecuted violations as disorderly conduct
offenses under the Texas Penal Code. This is less than ideal because the disorderly conduct
statute is fairly limited in its application to unreasonable noises made in a public place or in or
near a private residence the violator has no right to occupy.
In this revision, a number of specific unreasonable noises (i.e., noises that are offensive to a
person of ordinary sensibilities) are set forth, and there is a presumption that any noise over the
decibel readings set forth in the ordinance are presumed to be unreasonable. A decibel reading is
not, however, required for prosecution. The ordinance also makes specific reference to
vibrations that can be felt over certain distances from the source (e.g., loud bass lines in music)
since such vibrations ordinarily do not exceed the decibel levels set forth in the ordinance.
STATUS OF ISSUE: An update of the City's almost 50 year old noise ordinance is far overdue.
The revisions in the attached ordinance will give the public greater notice of what constitutes a
noise violation and will make such violations easier to prosecute. The revisions also give the
City the authority to prosecute a greater number of noise violations than is possible under the
disorderly conduct statute.
BUDGET: N/A
RECOMMENDATION: Move to adopt the attached revised noise ordinance in Article III of
Chapter 21 of the Code of Ordinances.
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ARTICLE
V TO CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
TEXAS; PROVIDING FOR PROHIBITING LOUD AND RAUCOUS NOISES
WHICH ARE DEEMED OFFENSIVE TO PERSONS OF ORDINARY
SENSIBILITIES; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Paris historically has regulated loud and raucous noises of such
character, intensity and duration as to be detrimental to the life in health of any individual in
the City, and
WHEREAS, it is well - established in the scientific community that exposure to loud and
prolonged noise is deleterious to the physical and psychological well -being of human beings;
and
WHEREAS, it continues to be the policy of the City of Paris to minimize exposure of
citizens to the psychological and physiological harm of excessive noise; to protect, promote
and preserve the public peace, health, comfort, convenience, safety and welfare; and to
control noise in a manner that promotes commerce, protects the sleep and repose of citizens,
promotes the use, value and enjoyment of property and preserves the quality of the
environment;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS:
Section 1. That the Article V to Chapter 21 of the Code of Ordinances of the City of
Paris, Paris, Texas, be, and the same is hereby amended to read in its entirety as follows:
"ARTICLE V. NOISE
"Sec. 21 -100. Policy and intent.
"It shall be the policy of the City to minimize exposure of citizens to the
psychological and physiological harm of excessive noise and to protect, promote,
and preserve the public peace, health, comfort, convenience, safety and welfare. It
is the intent of the city to control noise in a manner that promotes commerce;
protects the sleep and repose of citizens; promotes the use, value, and enjoyment
of property; and preserves the quality of the environment.
"Sec. 21 -101. Definitions.
"The following words, terms and phrases when used in this article shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning. All technical terminology not defined in this article
shall be interpreted in conformance with applicable American National Standards
Institute (ANSI) noise specifications.
"A- weighted sound pressure level means the sound pressure level in decibels
as measured on a sound level meter using the A- weighting network. The level so
read shall be designated dBa.
"Ambient sound level means the sound level of the all- encompassing sound
associated with a given environment, being usually a composite of sounds from
many sources. It is also the A- weighted sound level exceeded 90 percent of the time
(L 24 ), based on a measurement period that shall be neither less than ten minutes
nor more than 30.
'Decibel means logarithmic unit of measure used in describing the amplitude
of sound, denoted as dB.
'Device means any mechanism that is intended to produce, or which actually
produces, noise when operated or handled.
"Chief means the police chief for the city.
"Emergency work means work made necessary to restore property to a safe
condition following a public calamity, work to restore public utilities, or work
required to protect persons or property from an imminent danger.
"Motor vehicle means any vehicle propelled by mechanical power, such as,
but not limited to, any passenger car, truck, truck - trailer, semitrailer, camper,
motorcycle, minibike, go -cart, or racing vehicle.
"Muffler means any apparatus consisting of baffles, chambers, or acoustical
absorbing material whose primary purpose is to transmit liquids or gases while
causing a significant reduction in sound emission.
"Noise means any sound that is unwanted or which causes, or tends to cause,
an adverse psychological or physiological effect on human beings.
'Percentile sound pressure level means:
(1) Tenth percentile level: The A- weighted sound pressure level that is
exceeded ten percent of the time in any measurement period (such as the
level that is exceeded for one minute in a ten - minute period); denoted as
Lio.
(2) Ninetieth percentile level: The A- weighted sound pressure level that is
exceeded 90 percent of the time in any measurement period (such as the
level that is exceeded for nine minutes in a ten - minute period); denoted as L
94•
"Person means any individual, firm, association, partnership, corporation, or
any other entity, public or private.
'Property boundary means an imaginary line at the ground surface and its
vertical extension that separates the real property owned or occupied by one person
from that owned or occupied by another person.
"Sound means a temporal or spatial oscillation in pressure, or other physical
quantity, in a medium with internal forces that causes compression and rarefaction
of that medium and which propagates at finite speed to distant points.
"Sound level means the weighted sound pressure level measured by the use
of a metering characteristic and weighted as specified in ANSI. The sound pressure
level of a sound expressed in decibels is 20 times the logarithm to the base ten of the
ratio of the pressure of the sound to the reference sound pressure of 20
micro - pascals. If the frequency weighting employed is not indicated, the
A- weighting shall apply.
"Sound level meter means an instrument, which includes a microphone,
amplifier, RMS detector and integrator, time averager, output meter, and weighting
networks, that is sensitive to pressure fluctuations. The instrument reads sound
pressure levels when properly calculated with an acoustical calibrator accurate to 1
dB and is Type 1 or Type II as specified in ANSI S 1.4 -1971, or the latest approved
revision thereof.
"Use district means those zoning districts established by the city zoning
ordinance.
"Vibration means a temporal and spatial oscillation of displacement, velocity,
or acceleration in a solid material.
"Vibration perception threshold means the minimum ground or
structure -borne vibrational motion necessary to cause a person to be aware of the
vibration by such direct means as, but not limited to, sensation by touch or visual
observation of moving objects.
"Sec. 21 -102. Noise measurement generally.
"Sound level measurements shall be made with a sound level meter, Type II
or better, using the A- weighting network in accordance and conforming to the
noise measurement standards promulgated by the American National Standards
Institute.
"Sec. 21 -103. Offenses.
"(a) It shall be an offense for any person to operate or permit to be
operated, on property he or she owns, occupies or otherwise has the right to
control, any stationary sources of sound that create a tenth percentile level (Llo)
or a 90th percentile sound level (L go) that exceeds the limits set forth in the
following table for the receiving land use districts when measured five feet above
the property boundary. For the purpose of this article, a measurement period shall
not be less than ten minutes nor more than 60 minutes.
LIMITING SOUND
LEVELS IN dBa
(Lio)
(L�)
Residential
7:00 a.m. -10:00 p.m.
65
55
10:00 p.m. -7:00 a.m.
60
50
Sunday:
7:00 a.m. -9:00 a.m.
60
50
Commercial /agr
icultural
7:00 a.m. -10:00 p.m.
72
62
10:00 p.m. -7:00 a.m.
67
57
Industrial
7:00 a.m. -10:00 p.m.
85
75
10:00 p.m. -7:00 a.m.
85
75
"(b) It shall also be an offense for any person to operate or permit to be
operated, on property he or she owns, occupies or otherwise has the right to
control, if the noise standards above plus 20 decibels are exceeded at any time in a
measurement period. When a noise source can be identified and its noise measured
in more than one land use category, the limits of the most restrictive use shall apply
at the boundary and within the most restrictive land use category.
"(c) It shall also be an offense for any person to create any unreasonably
loud, irritating, vexing or disturbing sound which causes distress, annoyance,
discomfort or injury to or which interferes with the comfort or repose of any person
of ordinary sensibilities in the vicinity of hearing thereof, or any sound which
endangers the physical wellbeing of humans or animals, or any sound which
endangers or injures persons or real property. For the purposes of this
subsection, any noise which exceeds the limitations set forth in Section 21 -103 (a)
and (b) is presumed to be unreasonable.
"(d) It shall be an offense for any person to use or cause to be used or to
permit to be used or operated, on property he or she owns, occupies or otherwise
has the right to control, any device that creates vibration which is above the
perception threshold of any individual at or beyond the property boundary of the
source if on private property, or at 50 feet from the source if on a public space or
right -of -way, or that is perceptible within a business or residence the person
causing or allowing the vibration has no right to occupy. For the purposes of this
subsection, any noise which exceeds the limitations set forth in Section 21 -103 (a)
and (b) is presumed to be unreasonable.
"Sec. 21 -104. Specific noises prohibited.
"(a) Specific noises, including but not limited to the following, shall be
prohibited subject to the provisions of Sec. 21 -103:
"Operating or permitting to be operated any radio receiving set, musical instrument,
television, phonograph, drum, or other machine or device for the production or
reproduction of sound in such a manner as to violate the sound levels as listed
above or which unreasonably disturbs or interferes with the peace, comfort, and
repose of neighboring persons of ordinary sensibilities.
"Operating or permitting to be operated any loudspeaker or sound - amplifying
equipment in a fixed or movable position mounted upon any street, alley, sidewalk,
park, place, or public property in such a manner as to violate the sound levels as
listed above or which unreasonably disturbs or interferes with the peace, comfort,
and repose of neighboring persons of ordinary sensibilities.
"The use of mechanical loudspeakers or sound amplifiers on trucks or other
moving vehicles for the purpose of advertising any show, sale or display of
merchandise in such a manner as to be offensive to the ordinary sensibilities of
inhabitants of the city and as to interfere with the public peace and comfort or
make the enjoyment of life or property uncomfortable.
"The playing of any radio, television, phonograph, stereo, drum, musical
instrument or other similar devices in such an unreasonable manner, or at such an
unreasonable volume, as to disturb the peace, quiet, comfort or repose of persons
of ordinary sensibilities in any dwelling, apartment, hotel, or other type of
residence, or any place of business in the immediate vicinity thereof.
"Owning, keeping, possessing, or harboring any animal or fowl that, by frequent or
habitual noise - making, violates the sound levels as listed above or which
unreasonably disturbs or interferes with the peace, comfort, and repose of
neighboring persons of ordinary sensibilities. The provisions of this subsection shall
apply to all public and private facilities, including any animal shelter or commercial
kennel that holds or treats animals. Enforcement of this ordinance with respect to
unreasonable noises created by such animals is subject to the provisions of Chapter
5, Section 5 -2 (c) of this Code of Ordinances ( "Animals ").
"Noise from use - related loading or unloading operations that impact residential
areas other than between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00
p.m.
"Operating or permitting to be operated any equipment used in commercial
construction, blasting, and repair, alteration, or demolition work on buildings,
structures, streets, alleys, or appurtenances thereto that exceed the sound level for
an industrial use as set forth above, measured on the property line of the receiving
land use, or which unreasonably disturbs or interferes with the peace, comfort, and
repose of neighboring persons of ordinary sensibilities.
"Operating or permitting to be operated any power equipment in residential zones
outdoors between the hours of 10:00 p.m. and 7:00 a.m. the following day (or 9:00
a.m. on Sundays), or which unreasonably disturbs or interferes with the peace,
comfort, and repose of neighboring persons of ordinary sensibilities.
"The intentional sounding or permitting the sounding outdoors of any fire, burglar,
or civil defense siren, alarm, whistle, or similar stationary emergency signaling
device for more than five minutes during any consecutive 60- minute period or so as
to violate the sound levels as listed above except for those exemptions outlined
herein.
"The blowing of any steam whistle attached to any stationary boiler with an
unreasonable frequency and at an unreasonable volume, except to give notice of
the time to begin or stop work or as a warning of danger.
"The discharge into the open air of the exhaust of any stationary steam engine,
stationary internal combustion engine or motor boat engine, except through a
muffler or other device which will effectively and efficiently prevent unreasonably
loud noises.
"The discharge into the open air of the exhaust from any motor vehicle except
through a muffler, or other device, which will effectively and efficiently prevent
unreasonably loud noises.
"The use of any mechanical device operated by compressed air, unless the noise to
be created thereby has been effectively muffled and reduced.
"The erection, including excavation, demolition, alteration, or repair of any
building in or adjacent to a residential area other than between the hours of 7:00
a.m. and 10:00 p.m. (9:00 a.m. on Sundays), except in the case of urgent necessity
in the interest of public safety.
"The creation of unreasonably loud, disturbing and unnecessary noise on any
street adjacent to any school or other institute of learning, place of religious
worship, or court which is in session, or adjacent to any hospital or nursing home.
"The shouting and crying of peddlers, hawkers, and vendors at a level that violates
the sound levels as listed above or which unreasonably "disturbs or interferes with
the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
"The use of any drum, or other instrument, or sound amplifying equipment for the
purpose of attracting attention, by the creation of noise, to any performance,
show, sale or display of merchandise or to attract customers to any place of
business or transmitting music to any person or persons or assemblages of
persons in such a manner as to be offensive to the ordinary sensibilities of
inhabitants of the city and as to interfere with the public peace and comfort or
make the enjoyment of life or property uncomfortable.
"The mechanical cleaning or sweeping of paved areas so as to violate the sound
levels as listed above, except for those exemptions outlined herein.
"Relating to the use or operation of motor vehicles: the use of any automobile,
motorcycle, streetcar, bus, or vehicle so out of repair or so loaded, that emits or
makes loud and raucous noise; operating or causing to be operated any motor
vehicle unless the vehicle is equipped with an exhaust system which includes a
tailpipe and resonator where the original vehicle design included a tailpipe and
resonator; operating a motor vehicle in such a manner as to cause or allow to be
emitted squealing, screeching, or other such sound from the tires in contact with the
ground because of rapid acceleration or excessive speed around corners or other
such reason; the sounding of any horn or signal device on any motor vehicle,
except as a danger signal, as required by law; operating or causing to be operated
any motor vehicle so as to violate the sound levels for the receiving land use as
listed above or which unreasonably disturbs or interferes with the peace, comfort,
and repose of neighboring persons of ordinary sensibilities.
"The operation of any radio, tape player, cassette player, compact disc player, digital
video disc player or any machine or device for reproducing sound from or near a
motor vehicle, other than an authorized emergency vehicle, in such a manner that
the sound can be heard at a radius distance of 50 feet or more from the vehicle, or,
when operated, causes a person to be aware of the vibration accompanying the
sound at a distance of 50 feet from the source. In the prosecution of an offense
under this section, it shall be presumed that the following persons are causing,
permitting or allowing the operation of the sound amplification system:
1. Any operator or owner of the vehicle present at the time of the offense;
2. An owner or tenant of the property present at the time of the offense;
and
3. An absent owner or tenant who has not taken reasonable and prudent
steps to prevent violations of this article on the property upon which
the violation occurred.
"No vehicle shall be equipped with, and no person shall use upon a vehicle, any
bell, siren or compression or exhaust whistle, except that vehicles operated in the
performance of duty by law enforcement officers, the fire department and
ambulances may attach and use a bell, siren or compression or exhaust whistle.
"(b) For the purposes of this subsection, any noise which exceeds the
limitations set forth in Section 21 -103 (a) and (b) is presumed to be unreasonable.
"Sec. 21 -105. Enforcement responsibility.
"The city's police department shall have primary responsibility for the
provisions of this article.
"Sec. 21 -106. Variance permits.
"The chief or his /her designee shall evaluate all applications for permits of
variance from the requirements of this article and may grant such variances with
respect to time for compliance, subject to such terms, conditions, and requirements
as the chief may deem reasonable to achieve compliance with provisions of this
article. Each such variance shall set forth in detail the approved method of achieving
compliance and a time schedule for its accomplishment. In determining the
reasonableness of the terms of a proposed variance or permit, the chief shall
consider the magnitude of nuisance caused by the offensive noise; the uses of
property within the area of impingement by the noise; the time factors related to the
study, design, financing, and construction of remedial work; the economic factors
related to age and useful life of the equipment; and the general public interest and
welfare.
"Sec. 21 -107. Inspection authority.
"In order to implement and enforce this article, and for the general purpose
of noise and vibration abatement and control, the duly appointed and authorized
representative of the police department, under the direct supervision of the chief,
shall have the power to make necessary inspections and tests with proper
authorization or permission from the owner on any private or public property or
place reasonably suspected of violating any provision of this article.
"Sec. 21 -108. Defenses.
"It shall be a defense to the prosecution of any offense under this Article if
the noise or the activity complained of is as follows:
"The operation of properly maintained residential -type heating,
ventilating, and /or air conditioning devices (if within sound levels specified by
the manufacturer or similar to sound levels produced by equivalent, adjacent
devices).
"Sound caused in the performance of emergency or public service work
including law enforcement, fire, emergency medical services and public utility
operations, acting to protect the health, safety, or welfare of the community.
"The unamplified human voice in the normal course of residential
activities, such as children playing, etc.
"Railway locomotives and cars.
"Aircraft operations.
"The use of bells or chimes in conjunction with places of religious
worship.
"Sounding or permitting the sounding of any fire, burglar or civil defense
alarm, siren, whistle or similar stationary or emergency signaling device for the
purpose of alerting persons to the existence of an emergency, the emission of
sound in the performance of emergency work, or for testing.
"Occasional outdoor gatherings, public dances, parades, shows, and
sporting and entertainment events, provided that the events are conducted
pursuant to a permit or license issued by the city relative to the staging of the
events.
"The use of lawn maintenance equipment between the hours of 7:00 a.m.
(9:00 a.m. on Sundays) and 10:00 p.m.
"Repair of a personal use vehicle between the hours of 7:00 a.m. (9:00
a.m. on Sundays) and 10:00 p.m.
"Home repair of a place of residence between the hours of 7:00 a.m. (9:00
a.m. on Sundays) and 10:00 p.m.
"Loading and unloading operations that impact residential areas,
between the hours of 7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
"Sec. 21 -109. Enforcement; Permissible Speech or Communications.
"If a person engages in conduct that would otherwise violate this section
but consists of speech or other communication, of gathering with others to hear
or observe such speech or communication, or of gathering with others to picket
or otherwise express in a nonviolent manner a position on social, economic,
political or religious questions, the person must be ordered to move, disperse or
otherwise remedy the violation prior to arrest or citation. Said order may be
given by a peace officer, a firefighter, or a person with authority to control the
use of the premises.
"Sec. 21 -110. Enforcement; penalties.
"Any private citizen may enforce compliance with this article by filing a
complaint in the municipal court of the City of Paris, prosecution of which will be
at the sole discretion of the City Attorney's office. Any person, firm, company,
partnership, corporation or association violating any of the provisions of this
article shall be guilty of a misdemeanor and, upon conviction, shall be fined in any
sum not to exceed five hundred dollars ($500.00), and each and every day's
continuance of any violation of this article shall constitute and be deemed a
separate offense."
Section 2. Any person violating any of the provisions of this ordinance shall be
guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed
$500.00, and each and every day's continuance of any violation of the above enumerated
section shall constitute and be deemed a separate offense.
Section 3. All ordinances or parts of ordinances in conflict herewith are expressly
repealed.
Section 4. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 5. This ordinance shall become effective on January 1, 2017 and after
publication as required by law.
PASSED AND ADOPTED this 12th day of December, 2016.
A.J. Hashmi, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney